Lessons from the OfS Leeds Trinity University Case: strengthening governance and managing risk in collaborative provision

The Office for Students (OfS) recently reached a settlement with Leeds Trinity University following a breach of Condition E2, relating to its oversight of subcontracted and franchised courses delivered in collaboration with external partners. The OfS concluded that the university "did not have effective arrangements in place to consider and appropriately respond to risks associated with its sub contractual partnerships." The full report can be found here.

This case offers important takeaways for all HE providers - particularly those with growing collaborative provision or franchise arrangements. We highlight below some of the key governance and risk management insights from the OfS's findings.

1. Governance: more than a box-ticking exercise

Following on from the OfS v University of Sussex investigation, it seems that the OfS is increasingly using governance-related conditions to uphold not just good management practices, but wider institutional responsibilities - ranging from quality assurance to freedom of speech. This case reinforces that ultimate responsibility for decision-making lies with the governing body. This means reporting lines, escalation protocols, and oversight arrangements must enable boards to properly discharge their duties, including:

• Setting institutional strategy
• Overseeing its implementation
• Monitoring risk and ensuring compliance

2. Income diversification: a strategic necessity

One of the themes to emerge from this case was the risk posed by over-reliance on a single income stream, particularly when that stream is tied to a rapidly expanding area of activity.

Key risk management points include:

• Robust planning: growth must be underpinned by clear policies and scalable processes.
• Early risk assessment: expansion plans should be evaluated from the outset -and reassessed regularly - as part of a proactive risk management approach.
• Skilled workforce: staff should be adequately trained, qualified and supported to manage new responsibilities.
• Clear escalation routes: staff need confidence that concerns will be taken seriously and dealt with appropriately. Escalation procedures must be transparent and consistently applied.

3. Franchising & subcontracting: a growing regulatory focus?

The case highlights that franchising and subcontracting remain high on the OfS’s regulatory agenda. HE providers engaging in these models should ensure they understand and meet the OfS’s expectations around oversight, quality assurance and risk management.

If your institution is currently reviewing its collaborative arrangements - or planning new ones - this case is perhaps a timely reminder to ensure governance frameworks are fit for purpose and actively applied. Of course, effective governance isn’t just about compliance, it is also key to sustainable growth and institutional resilience.

If you’d like to explore how your institution can strengthen its governance and oversight of collaborative provision, both in the UK and internationally, feel free to get in touch with us.